Patriot Bank and SHAZAM myPic Studio Terms and Conditions
Patriot Bank provides SHAZAM myPic Studio service subject to the following terms and conditions. These terms and conditions are in addition to those found in the Cardholder Agreement governing all use of your Patriot Bank debit card. The photo, artwork or other image submitted by you and all the information thereon, are the hereafter collectively referred to as the “image.”
1. You certify that you have read and understood the “Image Guidelines” and that the image you submitted to SHAZAM myPic Studio for your Patriot Bank debit card complies with the Image Guidelines.
2. Fee(s): There is a $20.00 fee for purchasing a myPic Studio card. For cards issued thereafter, an issuance of $20.00 will be charged to your account each time you submit a new image and Patriot Bank issues a new myPic Studio card.
3. You authorize Patriot Bank to charge all applicable fees to the card account associated with your myPic card when your image is approved. A $20.00 fee will be debited from your Patriot Bank checking account.
4. In addition to your compliance with the Image Guidelines, you represent and warrant to Patriot Bank:
- The image you are submitting was created by you and you are the owner of the image, and/or you have obtained express written consent from the owner of the image for you to use on your myPic Studio card and for Patriot Bank to after, copy, print, distribute, prepare and use the image on your myPic Studio card.
- You have obtained the express written consent of any person other than yourself who appears in the image you are submitting.
- Use of the image will not infringe any businesses’ or individual person’s rights, including intellectual property, privacy or publicity rights.
- If Patriot Bank requests, before or after accepting your image, you shall provide Patriot Bank with reasonable proof of such ownership, written consent and/or non-infringement.
5. You grant Patriot Bank to a perpetual, non-transferable, non-exclusive, royalty-free, world-wide, irrevocable license to use the image and the other data you provide to Patriot Bank for the purpose of providing your myPic Studio card.
6. You agree to indemnify, defend and hold Patriot Bank harmless, its affiliates, its card membership organizations and their respective shareholders, officers, directors, employees, agents, members, contractors and representatives from any and all claims, liabilities, losses, costs and expenses of any nature whatever (including, without limitation, attorney’s fees) that may arise from the issuance or use of the myPic Studio card with your submitted image on it, including (without limitation) any and all claims alleging trademark or copyright infringement and/or the violation of a right of privacy or publicity or any other right.
7. Patriot Bank’s liability hereunder is limited to refunding any fee associated with the issuance of the myPic Studio card and Patriot Bank is not liable to you for any loss, damage, claim or expense whatsoever in relation to any action or omission by Patriot Bank’s connection with the myPic Studio card service or product Patriot Bank is not responsible for poor-quality images or images poorly positioned on the SHAZAM myPic Studio card template. Image and copies thereof shall not be returned to you for any reason.
8. Your myPic Studio card remains the property of Patriot Bank and you agree to immediately return or destroy the card if asked by Patriot Bank for any reason, or if the account to which your myPic Studio card is linked to is closed.
9. Rejected images, superseded images, and images from canceled myPic Studio cards, accepted images, and copies thereof, may not be stored for any period of time, and my be purged at any time, that Patriot Bank may choose in its sole discretion.
10. If a submitted image is rejected, Patriot Bank can notify you by e-mail without any obligation to justify its decision.
11. If a submitted image is rejected, you can submit a new image and request a new customer card design.
12. Patriot Bank reserves the right not to accept or use any image you submit, or to refuse to issue a myPic Studio card, for any or no reason whatsoever in Patriot Bank’s sole discretion.